Source: USCACA §§ 5(b),10.

This section distinguishes between an unenforceable agreement and a prohibited one. Given the widespread use of assisted reproductive technologies in modern society, the Act attempts only to regularize the parentage aspects of the science, not to regulate the practice of assisted reproduction. If individuals choose to ignore the protections afforded gestational agreements by the Act, parentage questions will remain when a child is born as a result of an nonvalidated gestational agreement. The Act provides no legal assistance to the intended parents. The gestational mother is denominated the mother irrespective of the source of the eggs, and donors of either eggs or sperm are not parents of the child. Notwithstanding the fact that the intended parents in a nonvalidated agreement may not enforce that agreement, subsection (c) provides that a court may hold the intended parents to an obligation to support the resulting child of the unenforceable agreement.

Under USCACA (1988), agreements that were not approved were declared "void." Under the new UPA, a nonapproved agreement is "unenforceable." The result may be virtually the same in some instances. As under the prior Act, the gestational mother is the mother of a child conceived through assisted reproduction if the gestational agreement has not been judicially approved as provided in this article. Her husband, if he is a party to such agreement, is presumed to be the father. If the gestational mother's husband is not a party to the agreement, or if she is unmarried, paternity of the child will be left to existing law, if any. If the mother decides to keep the child, the intended parents have no recourse. If the parties agree that the intended parents will raise the child, adoption is the only means through which they may become the legal parents of the child will be through adoption.

SUBCHAPTER 9

MISCELLANEOUS PROVISIONS

§1981.__Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§1982.__Effective date